5
will proceed to examine and assess the documentary evidence submitted by the
parties at the different procedural stages. It will also examine and assess the
testimonies and expert opinions provided by affidavit or before the Court in the
public hearing. To that effect, the Court shall abide by the principles of sound
criticism, within the corresponding legal framework.8
1.
Documentary, testimonial, and expert evidence
12.
The Court received the testimonies by affidavit provided by the following
witnesses and expert witnesses:9
a)
Ana María Ruggeri Cova, alleged victim and witness proposed by the
Commission and the representative. She testified, inter alia, about the events
surrounding her removal as First Court Judge, and the alleged damage
suffered as a result of said removal.
b)
Jacqueline Ardizzone M. de Apitz, witness proposed by the
representative. She testified, inter alia, about how the removal affected the
health, as well as the social and family relations of her husband, Juan Carlos
Apitz.
c)
María Costanza Cipriani de Rocha, witness proposed by the
representative. She testified, inter alia, about how the removal affected the
health, as well as the social and family relations of her husband, Perkins
Rocha Contreras.
d)
Sofía Yamile Guzmán, Clerk of the Sala Político Administrativa del
Tribunal Supremo de Justicia [Chamber for Political and Administrative
Matters of the Supreme Tribunal of Justice]. Witness proposed by the State.
She testified, inter alia, about the duration of the proceedings pending before
the Chamber for Political and Administrative Matters of the Supreme Tribunal
of Justice and the stages of said proceedings.
e)
José Leonardo Requena Cabello, Clerk of the Sala Constitucional del
Tribunal Supremo de Justicia [Chamber for Constitutional Matters of the
Supreme Tribunal of Justice]. Witness proposed by the State. He testified,
inter alia, about the duration of the proceedings pending before the Chamber
for Political and Administrative Matters of the STJ and the stages of said
proceedings.
f)
Alexis José Crespo Daza, Judge of the Corte Segunda de lo
7
Cf. Case of the “White Van” (Paniagua Morales et al.) v. Guatemala. Reparations and Costs.
Judgment of May 25, 2001. Series C No. 76, para. 50, and Case of Miguel Castro Castro Prison v. Peru.
Merits, Reparations and Costs. Judgment of November 25, 2006. Series C No. 160, paras. 183 and 184.
8
Cf. Case of Nogueira Carvalho et al. v. Brazil, Preliminary Objections and Merits. Judgment of
November 28, 2006. Series C No. 161, para. 55; Case of La Cantuta v. Peru, Merits, Reparations and
Costs. Judgment of November 29, 2006. Series C No. 162, para. 59, and Case of Kimel v. Argentina.
Merits, Reparations and Costs. Judgment of May 2, 2008. Series C No. 177, para. 29.
9
As regards the testimony of Waleed Malik, witness proposed by the State and required under
Order of the President (supra note 4), on January 28, 2008, the State filed a Communication issued by the
World Bank affirming that “considering that Mr. Malik gained expertise in the Venezuelan judicial system in
the performance of his official duties, and that the information he possesses is therefore archived in the
files of the [World] Bank, unfortunately he will not be able to testify about the Venezuelan judicial system
before the Court.” Furthermore, on January 25, 2008, the representative waived the testimony of Mr.
Alfredo Romero, which had been requested in the above-mentioned Order “so as to avoid any workrelated problem,” given that Mr. Romero “is still employed by the Judiciary.”